Category: Business Law

The State of Texas relaxed its public health and safety orders regarding business closures in recent weeks, and more and more Houston businesses are being allowed to reopen. However, they are not permitted to open without adhering to several restrictions intended to keep both employees and customers safe from exposure to the coronavirus. These restrictions might result in complications for businesses, though noncompliance might result in penalties and other consequences for owners. Many restrictions revolve around social distancing measures, which might limit the number of employees you can have working at one time. This might require you to scale back operations, especially with new tasks for employees involving regular disinfecting of the premises. However, social distancing also means fewer customers can enter at once, and many people in Houston said…

The Novel Coronavirus that has affected thousands of Americans has upended daily life throughout the United States. It has been especially hard on small businesses, many of which have been forced to close their doors and do not have the operating capital to weather several months of no income. In fact, according to data published by Harvard Business School, the median US small business had enough cash reserves to cover just 27 days in 2016, Here are some of the legal issues that small businesses are facing as a result of the current health crisis: Contract Disputes Certain parties may be unable or unwilling to perform their contractual obligations as a result of COVID-19. For example, if you own a venue used for events like weddings or conferences, your clientele…

Every business uses a wide variety of contracts. However, restaurants are a specialized type of business and, therefore, they use specific contracts tailored to this kind of enterprise. While each restaurant is different, the following are some examples of contracts that are commonly used by companies in the food, beverage, and hospitality business. Equipment Leases Most restaurants require major pieces of costly equipment, including state-of-the-art commercial freezers and refrigerators, convection ovens, industrial dishwashers, and more. Often, owners might not have the liquid capital to purchase this equipment outright, so they might enter into lease agreements for different pieces of equipment. Food and Supplies Vendors A restaurant cannot serve patrons without having plenty of food and beverages on a daily basis, and they want the food to be fresh. Food brokers…

In many situations, a legal dispute involving a business cannot be resolved through private negotiation or mediation. In these cases, the matter might need to be escalated to litigation. One party might decide to pursue a lawsuit in civil court, seeking compensation or other legal relief for their losses. No matter what the underlying issue might be, business litigation is always complicated, and you want to have a business litigation lawyer from Houston handling your case. The following are some common issues that can lead to business litigation. Breach of contract - Businesses enter into numerous contracts on a regular basis, and each contract has its own terms, parties, and remedies for disputes. When one party to a contract accuses another party of breaching one or more provisions of the…

More and more people are leaving traditional corporate paths to start their own enterprises. Not only does starting your own business allow you more freedom and flexibility in many situations, but it can also be highly rewarding - both mentally and financially. Whether you want to open a food truck, conduct lead generation from your home, get into the solar power market, or launch a new product, it is important to start your company the right way in 2020 to maximize your chances of success. Having an experienced startup lawyer on your side can make all the difference. Choose the right name - Selecting a business name is much more than choosing a word or words that you like. First, you want to make sure no one else has the…

Many people own family businesses. While you might have an idea of what you want to happen to the business after you retire, do you have a succession plan in place? Many business owners do not consider the importance of estate planning when it comes to their company, and it can cause complications, disputes, or disruptions of operations and loss of profits. It is important to discuss a succession plan with an experienced business lawyer in Houston as soon as possible. The Benefits of a Succession Plan A business succession plan establishes an orderly transfer of ownership and/or management of the company should something happen to you as the owner. If you retire, you have the chance to organize this transfer ahead of time. However, what happens if you suddenly…

The Fair Labor Standards Act (FLSA) and Texas labor laws both set standards for how employers compensate and treat employees. Companies must pay non-exempt employees a minimum hourly wage, overtime rates, and more. However, if you own a restaurant or a hospitality establishment that employs tipped workers, the rules can be a bit different. It is important to understand these laws to prevent employee complaints, liability, and civil penalties. Compensating Tipped Employees Many types of employees earn tips, which are voluntary payments customers make in addition to their bill. Mandatory service charges by a company are not considered to be tips. The following are some tip basics for Texas employers: Tips belong to the employee, not the employer Tips can count as a credit toward minimum wage Tip pooling is…

The decision about whether or not you should sell your business can be an extremely difficult one. After all, by that point, you have likely invested a considerable amount of money and hired staff to keep your business up and running. Moreover, the process of selling a business can be an extremely difficult task. If you are contemplating whether to sell your business, call Houston business attorney Tim Sutherland today. The right attorney can help you weigh the pros and cons of selling your business, and if you decide to sell, can assist you throughout the process. Factors to Consider If you are thinking about selling your business, there are several factors that you should consider. Those factors include the following: Whether you currently have a viable business model in…

While it is important to choose the right business entity for your startup and ensure you are in compliance with all relevant laws, it is also just as important to select the right name for your enterprise. The wrong name may not get noticed or, worse, may even unintentionally offend people. You also want to avoid any intellectual property issues with existing companies. The following are only a few tips for naming your new company: Conduct searches for the same name with your state’s Secretary of State, the U.S. Patent and Trademark Office (USPTO), and the internet Avoid names that are difficult to pronounce or spell Do not choose a name that limits your company to only one product or service, as you might want to expand your offerings when…

While every company will face legal issues at some point, it can be difficult to know when to call a business attorney. The following are some of the more common questions company owners ask, but to discuss your particular questions and concerns, you should never hesitate to directly contact a business lawyer in Houston. What types of companies do you assist? While every law firm is different, attorney Tim Sutherland helps companies of all types and sizes. Whether you are a brand new startup or an established business in your market, you can always benefit from trusted legal assistance. Sutherland also helps businesses facing particularly complex compliance issues, including the restaurant, bar, and hospitality industries. What legal issues does a business lawyer handle? The right business attorney should be able…